Mississippi court enjoins H-2A worker protection rule nationwide

An attempt by the U.S. Department of Labor to provide protections to H-2A workers who organize to form labor unions has been dealt its biggest blow since its challenged implementation in April. A preliminary injunction issued late last month by the U.S. District Court for the Southern District of Mississippi enjoins components of the rule addressing labor organization and labor rights nationwide. Previous rulings in Georgia and Kentucky had stayed the rule in 21 states which had filed suit, along with members of five agricultural associations. The International Fresh Produce Association (IFPA) filed suit in Mississippi on Oct. 8. Co-plaintiffs included the U.S. Chamber of Commerce, the state of Mississippi, the American Farm Bureau Federation (AFBF), AmericanHort, the North American Blueberry Council (NABC) and the U.S. Apple Association. U.S. District Judge Halil Suleyman Ozerden wrote in the stay (.pdf), filed Nov. 25, that the court was “persuaded by the State’s argument that because it must expend resources to ensure compliance with the H-2A program’s requirements, it will be irreparably harmed by the challenged provisions.” The rule, “Improving Protections for Workers in Temporary Agricultural Employment in the United States,” shielded migrant workers with H-2A temporary work visas who organize to form labor unions and against wage theft and trafficking. It took effect in June. In September, U.S. District Judge Lisa Godbey Wood in Georgia enjoined the rule from being enforced in 17 states that filed suit. In November, U.S. District Judge Danny Reeves’ ruling extended the injunction to Alabama, Kentucky, Ohio and West Virginia and members of five associations, including the National Council of Agricultural Employees and the Worker and Farm Labor Association. The judges found that the rule violates the National Labor Relations Act, which excludes farmworkers from collective bargaining rights. The Labor Department argued in Mississippi that the rule did not violate the NLRA but expanded the H-2A program’s existing anti-discrimination provisions. IFPA and its co-plaintiffs contended that the rule was unconstitutional and beyond the Labor Department’s statutory authority, imposing unlawful demands on agricultural employers and creating disruption across the farming industry. “This ruling is a victory for farmers and the agricultural community nationwide,” IFPA CEO Cathy Burns said in a statement. “The stay prevents a regulatory overreach that would increase costs and inefficiencies while imposing unconstitutional restrictions on employers. By granting this relief, the court ensures that farmers can focus on producing the fresh fruits and vegetables our communities depend on to live healthful lives.”

Industry reacts to stay

Zippy Duvall, AFBF president: “Farmers appreciate the dedicated men and women who choose to work on their farms, and they take seriously the responsibility of ensuring a safe workplace. Farm Bureau agrees that workers should be treated fairly and respectfully. We also believe fairness to farmers is important and the DOL rule was overly broad to the point of being unlawful.” Lynn Fitch, Mississippi Attorney General: “This injunction is a significant win for farmers and ranchers across our nation. It is also a major victory for the rule of law. The federal government attempted to sneak labor unions into agriculture — in direct contravention of federal law — and it has been stopped.” Ken Fisher, president and CEO, AmericanHort: “AmericanHort and its members are encouraged by the recent ruling from the Southern District of Mississippi, as well as the decisions in Kentucky and Georgia courts. These rulings highlight the undue burden this rule imposes on growers and farmers. We strongly believe that the Department of Labor should reconsider and revise the rule in alignment with the court’s findings. AmericanHort looks forward to collaborating with the DOL to develop a revised rule that effectively supports all stakeholders utilizing the H-2A program across all 50 states.” Kasey Cronquist, NABC president: “Blueberry growers are committed to the people they employ and the families they feed. This ruling is a step in the right direction to ensuring American farmers can remain competitive and succeed in a global produce market.”